What Is a Valid Marriage Under Indian Law?

More information on What Is a Valid Marriage Under Indian Law?

Jump to:

• Basic Legal Requirements
• Key Marriage Acts in India
• Marriage Registration
• What Makes a Marriage Invalid?

Basic Legal Requirements

For a marriage to be legally valid in India, the following general conditions must be met, irrespective of religion:

• Both parties must be of legal marriageable age (18 years for women, 21 for men).
• Both must consent freely without coercion or force.
• Neither party should have a living spouse at the time (monogamy is mandatory in many laws).
• They must not be within prohibited degrees of relationship (unless allowed by custom).

Key Marriage Acts in India

Depending on the religion of the individuals involved, the applicable marriage laws may vary:

• Hindu Marriage Act, 1955: Applies to Hindus, Jains, Buddhists, and Sikhs.
• Muslim Personal Law (Shariat): A valid Nikah requires offer and acceptance, witnesses, and a dower (mehr).
• Indian Christian Marriage Act, 1872: Governs Christian marriages, which must be solemnized by a licensed minister or registrar.
• Special Marriage Act, 1954: For inter-religious or civil marriages, requiring a 30-day notice and registration by the Marriage Officer.

Marriage Registration

While registration is not always mandatory (except under the Special Marriage Act), it is strongly recommended for legal protection. A registered marriage serves as valid proof for legal, immigration, and property-related matters.

What Makes a Marriage Invalid?

Marriages can be declared void or voidable under Indian law if they involve:

• Bigamy or polygamy under laws that prohibit it (e.g., Hindu Marriage Act).
• Lack of mental capacity to consent.
• Marriage within prohibited relationships.
• Fraud or coercion during the marriage process.

Understanding these conditions can prevent future legal complications and ensures that the union is legally recognized.

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